K.Nikhesh vs Wednesday
2021 Latest Caselaw 431 Ker

Crl.MC.No.5587 OF 2020(G)            1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MRS. JUSTICE SHIRCY V.

  WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                     Crl.MC.No.5587 OF 2020(G)

AGAINST THE ORDER/JUDGMENT IN CC 560/2018 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS ,TALIPARAMBA

    CRIME NO.1264/2013 OF Thalassery Police Station , Kannur

PETITIONER:

              K.NIKHESH
              AGED 30 YEARS
              S/O. GOVINDAN, KAKKAMANI HOUSE, PATTUVAM AMSOM,
              MUDHUKUDA, KANNUR DT. - 670 143.

              BY ADV. SMT.P.SHEEBA

RESPONDENTS/STATE AND DEFACTO COMPLAINANT
AND VICTIM

      1       STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM.

      2       M.SARASWATHI
              AGED 52 YEARS
              W/O. T. BHASKARAN, MANIYAN HOUSE, MUDHUKUDA P. O.,
              PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DT.

      3       T.BHASKARAN
              AGED 60 YEARS
              S/O. AMBU, THALLERIYAN HOUSE, MUDHUKUDA P. O.,
              PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DT.

              R2-3 BY ADV. VISHAK.K.JOHNSON

OTHER PRESENT:

              C.N.PRABHAKARAN -SR.P.P

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5587 OF 2020(G)             2




                                ORDER

Dated this the 6th day of January 2021

Petition under Section 482 of the Code of Criminal Procedure

filed by the petitioner to quash all further proceedings in C.C.No.560

of 2018 on the file of the Judicial First Class Magistrate Court,

Taliparamba.

2. The petitioner is the seventh accused in Crime No.1264/2013

registered for the offences punishable under Sections 143, 147,

447,506(i), 294(b) read with Section 149 of the Indian Penal Code

before the Taliparamba Police Station.

3. On a perusal of Annexure II judgment in C.C.No.504/2014, it

is revealed that all the accused except this petitioner were acquitted

by the court below by a judgment dated 29.5.2018, owing to the

absence of evidence. There is also reference to the effect that the

parties have settled the dispute.

4. It is submitted by the learned counsel for the petiti foner that

this petitioner's case was split up and re filed as C.C.No.560/2018 and

at present it is pending before the court below for trial. But now the

defacto complainant and the other aggrieved party examined before

the trial court in the case against the other accused have filed

affidavit to the effect that the entire dispute between them and this

petitioner has also been amicably settled due to the intervention of the

neighbours and now a peaceful atmosphere is prevailing in the locality.

It is further stated in the affidavit that they have absolutely no

complaints against this petitioner. Hence, the learned counsel for the

petitioner has sought for to quash all the proceedings in the case

pending as C.C.No.560/2018.

6. The learned Public Prosecutor on instructions submitted that

now there is no dispute between the parties as the matter has been

amicably settled.

7. On going through the records it could be seen that no useful

purpose would be served in pursuing the case against this petitioner.

Since the entire matter has been settled amicably and the aggrieved

parties have no grievance and they have no intention to pursue the

matter against this petitioner, no fruitful purpose would be served by

proceeding with the matter against this petitioner. Moreover, no public

interest is involved in the case and there is no legal impediment in

granting the prayer as sought for by the petitioner. Therefore, for the

purpose of securing the ends of justice, this Crl.M.C is only to be

allowed.

For the foregoing reasons, this Crl.M.C is allowed as prayed for

and all further proceedings in C.C.No.560/2018 pending before the

Judicial First Class Magistrate Court, Taliparamba will stand quashed as

prayed for.

Sd/-

SHIRCY V.

smm                                              JUDGE





                            APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE 1           CERTIFIED COPY OF THE FINAL REPORT IN CRIME

NO.1264/2013 OF TALIPARAMBA POLICE STATION, (IN C.C.NO.504/2014) OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA.

ANNEXURE 2 CERTIFIED COPY OF THE JUDGMENT DATED 29.05.2018 IN C.C.NO.504/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA.

ANNEXURE 3 AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT.

ANNEXURE 4 AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT.